Representative Cases and Projects

Hohnbaum et al., v. Brinker Restaurant Corporation

ERS Group was retained by defendant to analyze allegations by employees that the corporation failed to provide state-mandated meal and rest periods. ERS Group’s experts examined time clock data that included 16.3 million records reflecting clock-in time, clock-out time, job, date and rate of pay for over 59,000 employees. Lower Courts found that class treatment was not appropriate, because individualized issues predominated. The Superior Court and Court of Appeals found in favor of the defendant. The California Supreme Court ultimately found in favor of employers, ruling that employers are not required to make employees take meal breaks, and that there is no rolling 5-hour rule.

Zivali, et al. v. AT&T Mobility LLC.

ERS Group was retained by AT&T in a nationwide class-action wage and hour matter in federal district court. ERS Group’s experts analyzed large volumes of data from disparate sources, including timekeeping, payroll, work history, cell phone, and email in order to address the plaintiffs’ claims regarding compensation for alleged off-the-clock work. ERS Group’s experts provided testimony in this matter, and ultimately the district court decertified the class.

Analysis of allegations of off-the-clock work for national home builder

ERS Group was retained by a national home builder in a nationwide class-action wage and hour matter. ERS Group’s experts conducted statistical analyses of data from the company’s timekeeping systems to investigate plaintiffs’ claims of off-the-clock work before or after shifts had started or ended (i.e., pre-shift or post-shift work). ERS Group’s expert analyses were presented at mediation.

Analysis of wage and hour claims in MDL litigation

Plaintiffs’ in four states working for a national retailer alleged time shaving, unpaid overtime, manipulation of employee records, and meal period violations. ERS Group’s experts provided testimony and analysis on behalf of the retailer. Class certification was denied for the MDL by the district court based on lack of “objective criteria for who would be a class member.” Ultimately these matters, along with many other state wage and hour matters against this retailer settled. The defendant paid up to $85 million into a final settlement fund for employees from 29 states involved in 39 class actions comprising a class estimated at 3.2 million people, and for a separate settlement for employees located in California. This settlement was part of a larger agreement which settled 63 wage and hour class actions against the retailer for up to $640 million.

Analyses for a national QSR corporation

On behalf of the defendant, ERS Group’s experts provided statistical examinations of alleged incidents of missed meal and rest breaks in a landmark case in Oregon in which the potential liability was originally estimated at $26 million. ERS Group reviewed the survey data used by the plaintiffs’ experts and in a rebuttal report and testimony demonstrated that the data was severely limited, and not useful to analyzing the wage and hour claims in question. Defense attorneys used ERS Group’s analysis to support their argument that class certification should be denied.

California wage and hour allegations analyzed

Analyses of alleged missed meal breaks, “time shaving” and related statutory and civil penalties claimed by non-exempt California employees of a national restaurant chain. Efforts included collection and analyses of electronic timekeeping and payroll records, point of sale data, employee staffing schedules and historical meal period payment documentation. Work product was used in early, successful mediation of the matter.